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Right to Receive Interest without reasonable certainty of Realization cannot be taxed

December 22, 2017 1923 Views 0 comment Print

Only a right under the agreement to receive the interest by the assessee without reasonable certainty of realization of the same cannot be brought to income tax.

Provision of law overlooked during original assessment – Reassessment Notice beyond four years is not valid

December 22, 2017 921 Views 0 comment Print

If a provision of law had been clearly overlooked or ignored in the assessment order, it would not be open to Asessing Officer to reopen the assessment after expiry of four years in case no failure on assessee’s part to disclose fully and truly all material facts was alleged.

No service tax on screening films in multiplex on Revenue Sharing basis

December 22, 2017 7317 Views 0 comment Print

A division bench of the Ahmedabad CESTAT recently held that Service Tax is not payable for screening of films in multiplex on a revenue sharing basis. The issue before the bench was that whether the appellant, M/s PVS Multiplex Pvt Ltd is liable to pay service tax on the screening of films in their multiplex and also whether they are liable to pay service tax under the head renting of immovable property?

AO need not ask explanation for quantum of penalty proposed to be imposed

December 21, 2017 1503 Views 0 comment Print

The requirement to obtain previous approval of the IAC is mandatory as it is to safeguard the interests of the assessee against arbitrary exercise of power by the AO.

HC held Ex-parte Assessment valid despite non-receipt of notice by Company as Director received the Notice sent to him

December 21, 2017 1365 Views 0 comment Print

Order makes mention of the service of a notice to the company as also to the Director, who represents the company in this writ petition. The notice sent to the company was returned with the postal inscription ‘addressee left’, whereas the notice sent to the Director was duly received by him on 14.03.2017.

RTI Act: HC set aside CIC order declaring Every Minister a Public Authority

December 21, 2017 813 Views 0 comment Print

a) Is Minister or his office a ‘public authority’ under the RTI Act? b) Whether a citizen has right to information sought, and does the minister has corresponding obligation to give?

TDS can be granted only in year in which income on which such TDS is assessable to tax

December 21, 2017 19527 Views 1 comment Print

As per Section 199(3) of Income Tax Act, 1961 read with Rule 37BA(3)(i) and (ii) of Income Tax Rules, 1962 TDS can be granted only in the year in which the income/receipt on which such tax deducted at source is asses sable to tax.

ITAT allows credit of TDS claimed in Return of Partnership Firm deducted under PAN of Partner

December 21, 2017 6783 Views 1 comment Print

The Income Tax Appellate Tribunal in its recent order ruled that firm cannot claim refund under the income Tax Act when TDS certificate is issued in the name of the partner of the Firm.

Addition of Interest on NPA on accrual basis not justified as banks to recognise such income on Cash basis

December 21, 2017 2337 Views 0 comment Print

The Suvikas Peoples’ Co-op. Bank Ltd. Vs. ACIT (ITAT Ahemdabad) Essence the RBI Directions, 1998 are prudential/ provisioning norms issued by RBI under Chapter IlI-B of the RBI Act, 1934. These norms deal essentially with income recognition. They force the NBFCs to disclose the amount of NPA in their financial accounts. They force the NBFCs […]

Assessment made without calling any specific document and and merely for non-furnishing of documents before Enforcement Wing Officials is invalid

December 20, 2017 1092 Views 0 comment Print

The Madras High Court, while quashing an assessment passed under Tamil Nadu Value Added Tax Act (TNVAT), ruled that Assessing Officer, being an Independent Authority, cannot be compelled to follow the direction of the enforcement authority and the court quashed the assessment.

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